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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Crimes committed on September 2013;
A. A. Around September 3, 2013, the Defendant had access to the Defendant’s residence located in Geumcheon-gu, Busan, to the website of Hyundai Card Co., Ltd., and had access to the Plaintiff’s name without authority by using an authorized certificate under the name of the victim D, who was in custody, and applied for a loan of card loan equivalent to KRW 9 million in the name of the victim, and transferred the loan to the Agricultural Cooperative account under the name of the Defendant, and then transferred the loan to the new bank account under the name of the Defendant.
(2) On September 23, 2013, the Defendant applied for a credit card loan equivalent to 4 million won in the name of the victim without the aforementioned authority in the above residence, received the loan from the victim’s name agricultural bank account, and transferred the loan to the new bank account in the name of the Defendant.
Accordingly, the defendant, by inputting information without authority into a computer or any other information processing device and making it processed, has taken property benefits equivalent to KRW 13 million.
B. On September 2013, 2013, the Defendant made a false statement that “The Defendant, while withdrawing KRW 90,000,000,000 from the nominal fund to the Defendant, he/she could collect interest at a high rate of interest on the face to the Defendant.”
However, in fact, the Defendant did not hold a fund deposit equivalent to KRW 90 million, and even if receiving money from the victim, he thought to use it individually, and the Defendant did not have any intent or ability to pay the amount equivalent to KRW 40 million for personal debt without any particular income.
The Defendant received KRW 6,867,080 from the victim on September 24, 2013, and KRW 4,000,000 from the victim on October 2013.
Accordingly, the defendant was delivered KRW 10,867,080 by deceiving the victim.
2. Around December 18, 2013, the Defendant committed the crime, at around December 18, 2013, issued an authorized certificate under the name of the victim D, which was connected to and kept in the Defendant’s residence and on the SBI Savings website.